930 CMR, § 6.07

Current through Register 1531, September 27, 2024
Section 6.07 - Exemption to Permit State Employees to Provide Personal Services to State Agency Clients
(1)Purpose. The purpose of 930 CMR 6.07 is to increase the availability of providers of personal services to clients of state human or social services agencies, and of educational services to those who serve such agencies, by permitting state employees to provide such services.
(2)Definition. For purposes of 930 CMR 6.07, personal services means any service related to the health or welfare of a client of a state human or social services agency that is provided by a state employee, including services provided in an institutional setting, or in a group, community, home, or other non-institutional setting.
(3)Exemption. A state employee may, without violating M.G.L. c 268A, § 4 or 7, have a direct or indirect financial interest in a contract or agreement, and may act as an agent in relation to any such contract or agreement:
(a) made by a state agency to provide personal services to a person or persons who receive services from, or have services paid for by, state agencies within the Executive Office of Health and Human Services, the Executive Office of Public Safety and Security, the Executive Office of Elder Affairs, the Executive Office of Veterans' Services, the Human Service Transportation Office, and any sheriff's office, or educational services to those who work for such agencies, or
(b) made by a provider or organization funded by any agency within the aforesaid offices for the aforesaid purposes, provided that the state employee files a disclosure of the financial interest with the Commission on a form designated for such purpose by the Commission. The proposed arrangement must be approved by the employee's appointing authority and, if another agency is involved, by an authorized employee of the second agency, before the employee provides personal or educational services. Employees without an appointing authority must following the disclosure procedure set forth in 930 CMR 6.01(6).

Example: An employee of the Department of Developmental Services may enter into a contract to be paid to provide weekend respite services that will be paid for by the Department of Mental Health, provided that the employee files a written disclosure of the arrangement and that authorized employees of both the Department of Developmental Services and the Department of Mental Health have approved the arrangement.

930 CMR, § 6.07